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First Lawsuit Over Bard Hernia Mesh Failure Rescheduled For Trial on August 2, 2021

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Following a number of delays associated with the ongoing COVID-19 pandemic, the first federal trial involving problems with Bard hernia mesh has been rescheduled to begin on August 2, 2021, serving as a “bellwether” that will help gauge how juries may respond to certain evidence and testimony that will be repeated throughout thousands of other claims.

Nearly identical allegations have been presented against C.R. Bard in more than 8,000 product liability lawsuits filed in U.S. District Courts nationwide, which are centralized before U.S. District Judge Edmund A. Sargus, Jr. in the Southern District of Ohio, as part of a federal multidistrict litigation (MDL)

Plaintiffs claim they have suffered painful and debilitating injuries after a hernia mesh failure, indicating polypropylene designs used by Bard a number of different products sold in recent years were unreasonably dangerous and defective.

Following coordinated common discovery into facts relevant to all claims, Judge Sargus established a “bellwether” process, where a small group of representative cases have been prepared for a series of early trial dates, which were originally expected to begin in May 2020. However, after the COVID-19 pandemic emerged early last year, the start of the first trial has been delayed several times.

In a case management order (PDF) issued on March 9, Judge Sargus indicates the first bellwether trial is now scheduled to begin on August 2, involving claims presented by Steven Johns. It appears the Court intends to hold the trial in-person, indicating counsel will meet in Judge Sargus’ chambers every day while the trial is ongoing.

Following the conclusion of this case, at least three additional bellwether trials are expected to be held in the MDL, as part of a process designed to help the parties evaluate the strengths and weaknesses of their claims, and encourage settlement discussions that may resolve larger numbers of similar claim.

If the parties are unable to reach hernia mesh settlements following the bellwether process, Judge Sargus may begin remanding hundreds of cases to U.S. District Courts nationwide for individual trial dates over the next few years.

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28 comments

  1. Brad Reply

    It is time too protest. The judge is a crook. There is no reason too reschedule. May he suffer in all that he endures. He is evil and works for satan. May God punish him greatly and quickly. He will meet is maker, yet have no way out. He will meet the real judge one day and his deceptive and selfish ways will be punished.

  2. John Reply

    I feel like they the companies are using the virus epidemic to delay the case. The judge need to put his foot down and say mask up or zoom up let the case begin.They the companies already use equipment that should not have been put into people body and they profit millions of dollars plus the different hospitals made money from these mesh screen surgery,and now We the People suffer in pain and had to have surgery done over again.They have cancel at least 3 court dates.While court cases continue in our courts across the country. DELAY ON PURPOSE so now August 2,2021 is the new date. In the news Dr.Fauci say we are on a verge of another serge of the virus,so these companies will ask for another cancel of August 2,2021 .Reschedule court date again from August 2 2021,until probably Nov.or Dec date to be use another Delay,smart companies lawyers using the VIRUS for DELAY,DELAY,DELAY.ITS up to the Judge to finally bring this case to court.They should had kept the April 21,2021 date the vaccine is becoming effective but still wear the mask.The Virus should not been the reason for Delay.

  3. Brad Reply

    Well, another payoff too the crooked evil judge. This is American shame. The judge has “0” exscuses for the trials. He diffently knows these corporate crooks. I bet they eat dinner together like wolfs. I would like too know how many people has died from their medical problems amd the viris which saved them money. You know the crooked corporate theives are keeping tabs. May they be punished in their life greatly for not being honest and respectful, also harvesting inner greed. Their souls are pitiful and their spirit is evil. May God strike them with pain and wake them up. Crooks!!!! Fire the judge and arrest the corporate theives!!!! May they have np peace. Fools!!!

  4. Tony Reply

    Yeah this is total bs. It’s been postponed and rescheduled way too many times. Like others have said this buys time for the defendant companies. We are entitled to a faster trial than this for sure. In the meantime I have no income, no insurance, no pain relief, no quality of life, etc, etc

  5. Sue Reply

    I’m tired of these bogus delays. I deserve justice for what these mesh implants/explants have done to my body. Judge is most likely being paid off to delay. Other trials with juries have been taking place. I want my justice and it better not got delayed again.

  6. Robert Reply

    The judge is obviously Democrat.

  7. John Reply

    I have been on this rollercoaster ride for about six years, and in that time period I have had two more repairs done to my original hernia. The second time it caused a new hernia to come out on the left side of my body that had to be repaired. Then covid comes into the picture, I am 55,I have 4children and I am on unemployment. Lost my home got covid,pneumonia staff, and fluid on my lungs. They keep postponing the hearings and I am not sure if I will be here when they finally settle. It sure would be nice to see that happen so that I can see that my kids will be ok! So if you read this mr. Judge, can you really think about what you’re are doing to the people who are depending on your ruling in this matter and stop delaying the trial, please!thank you for your time, John M. New Mexico.

  8. Sharon Reply

    Let’s start a patition. This don’t make no damn since. They could have adjusted like everyone else who has to come in contact with people have. The have the clear partitions. They have all kind of sanitizers to wipe stuff off. They have the no touch thermometers to check people for a fever. They have anything you need to help stop the spread of the carona virus. Maybe we should also report the to the media.

  9. Ann Reply

    The judges and lawyers are not doing enough to get these trials moving. The bellwether trials are a waste of time because they are just fake trials.
    Every state is doing trials and for the last few years it is just constantly being postponed. Why can’t we have a speedy trial. Attorneys need to work harder to push these trials forward. JUSTICE for us

  10. Homer Reply

    I think they should just get it done an cut all the BS I think there just postponing these trails so Bard can draw more interest off the money that they have put back for the lawsuits an the judge knows it an is probably getting a little kick back from it.

  11. Scott Reply

    I have little faith in dr and lawyers anymore. I had bard large 3D max 2 pieces 4×6 inches. Implanted 2-19 then full removal 6-20 6hr surgery at Cleveland clinic. I just had my 3rd surgery 11 days ago and another to come.
    If bard is let off easy I will a very unhappy person. Mesh is poison mine failed a month waybe a bit long after it was put in me there have been 2 people in my city who died due to mesh complications.
    Watch (the bleeding edge) on Netflix all truth from drs and fda workers calling out there employer.

  12. Harry Reply

    Had many problems infection, mesh wrapping around nerves, unable to wear jeans. Had it removed and 90% of problems and pain went away 5 years ago. STILL NO TRIAL…and mine was on recall list and never should of been put in me. Infection, Pain, and never can wear a belt or pants for 2 years.. JUDGES are all paid off crooks with no feelings or care for anyone.

  13. Thomas Reply

    Get this circus started, enough with the delays!!!!!!!!!!

  14. Ralph Reply

    The Judges, the companies and the defense attorneys motto is “Justice delayed is Justice Served”. And behind closed doors they are all proud of themselves and laughing about it. I’ve been there!

  15. Jackie Reply

    I just do not get this. all these delays. while my husband suffers and could possible be dead before all this is settled. He is one of the many who has been permanently injured and will never be heathy again from them putting this mesh in him. he already almost died in 2018 now we just play the waiting game to see if he has this happen again. And the so called professionals don’t care because it is not them who have had this horrible thing happen to them !!!!!i

  16. Alissa Reply

    I will probably be dead before my case is heard. I hurt so bad even with it out. My stomach muscle is now attached to my pelvis and legs. It always is tender and sore.

  17. phillip Reply

    I have had several surgeries for this mesh troubles and i hurt constantly barely sleep threw the night wish supreme court would push for justice for us

  18. Lori Reply

    It’s like being victimized again! We all deserve our day in courtl

  19. william Reply

    I have been thru all the comments and I can say i no what your going thru because I have been going thru it to. 2 operations all the infections,pain constant pain that never lets up, and they want to try again to fix my hernia. after 2 operations I’m in worst shape than when I started,,,, they need to get this ball rolling and stop kicking it down the road.

  20. Tonya Reply

    I have been going thru this same thing for about 10 yrs and they should get off thier high horse and lets get this party started!

  21. Leslie Reply

    Defendants are just waiting for as many of us to die off to lessen their losses. Not sure why Plaintiffs counsel is so passive. Has to make one wonder who is looking out for their clients best interest.

  22. James Reply

    I have seen so many stories about the pain people are going through and on top of that we have a pandemic to deal with.The judge is the problem how in the world you can reschedule these court hearing with so many people in PAIN from having problems with the hernia mesh.A lot of these people was trying to be healthy and do this hernia surgery they put TRUST in the medical fields and their doctors and they BOTH let the people down.Now the JUDGE is letting people down by delaying a trial.This America system of Justice need to be overhaul and look at from a normal working class people.They must be scare of the Virus while get your VACCINE shot you be ok..Trail are being held accross the country but this one judge delay the hernia hearing because of the virus.Well I hope u think u made the right decision,we take a survey about actions about canceling the court hearing I think the American people would NOT vote in your favorite.Judge you look WEAK or a SCARE judge toward the hernia lawyers you must fear.Cases are being heard across this country during this pandemic, except your case judge..What pressure are you facing judge? And from who? It come down to one thing in this country like everything else in this country IT MUST BE THE MONEY .is that right Judge?

  23. John Reply

    I heard in the past major companies always depend on delaying court so the millions they put aside to draw interest where the interest will mainly pay for the class action lawsuit. These RICH people will not lose everything they have they do not give a dam if you have to have 4 revision surgery as long it’s not their family or girlfriends who cares we made million now where are we going to invest these millions while the American people watch their love ones goes through pain.They always want money to solve their problems as it will help people to deal with pain and surgeries they have gone through after the lawsuits stage of this case is over where all people are compensate for being a laboratory rat put a part in the human body that suppose to make them rich. Maybe a CRIMINAL INVESTIGATION need to be look at to SHOW other pharmaceutical companies and medical companies there a price to pay trying to urge on a PRODUCT that’s is NOT SAFE.Yes pharmaceutical companies and medical companies the American people need you for medical discovery to help with differ sickness and diseases but at a NO RISK TO THE AMERICAN PEOPLE.DO NOT RUSH PRODUCT TO THE MARKET.UNLESS THAT MEDICINE YOU CREATE IS SAFE ENOUGH TO GIVE TO YOUR MOTHER, YOUR WIFE, YOUR CHILDREN IF NOT DO NOT PUT ON THE MARKET FOR MONEY ONLY YOU ARE WORKING WITH GOD CREATION YOU ARE JUST A MAN.NOW DAYS WE GOT A PILL FOR EVERYTHING THE COMMERCIALS FOR YOUR MEDICINES ON TV NEED TO BE TAKEN OFF .WHEN THE PEOPLE FOND OUT ABOUT THE MEDICINES WHEN WE HAVE A DIAGNOSIS FROM OUR DOCTORS ,NOT FROM WATCHING S MEDICAL COMMERCIALS SOME PEOPLE WATCHING THOSE COMMERCIALS FEEL LIKE THE DIAGNOSIS THEY HAVE AND GOING TO THE DOCTOR OFFICE ASKING FIR MEDICINES OFF A COMMERCIALS BUT YOU PHARMACEUTICAL COMPANIES SPEND MILLIONS ON YOUR COMMERCIALS. THE MEDICINES WORK ON THE PERCENTAGE THE MEDICINES YOU ADVERTISED WORK ON PROPLE IF IT HELP 7 OUT 10 OR 8 OUT 10 U CELEBRATING IT READY FOR THE MARKET BUT WHAT ABOUT THE 3 PEOPLE OUT 7 WHO THE MEDICINES DO NOT WORK ARE CAUSE BAD SIDE EFFECTS, THE 2 OUT 10 PEOPLE WHO THE MEDICINES DO NOT WORK ARE DEVELOPED DO SIDE EFFECT THEN WHAT.THATS WHY MILLIONS PUT ASIDE FOR LAWSUITS RIGHT .LISTEN PHARMACEUTICAL COMPANIES THERE CURE HERE ON Earth , God is love I do not think God would create a world without means of caring for sickness are diseases man need to look WITHIN the earth instill of always looking for chemical cure, yes chemical is necessary but there others means of cure on this earth.I believe it here maybe one man will find it with God help or God will give man the intelligence to cure diseases.but man have one BIG PROBLEM IT”””GREED”:: and the “”STOCK MARKET “”:.May be one day we can all look at each other as HUMAN BEING who like all HIMAN BEING will due one day and THERE NO CURE TO PREVENT “”DEATH”””SON OF GOD DIED””JESUS”YOU AND ME WILL DIE TO MATTER WHAT CHEMICALS U INVENT AND COMMERCIALIZE ON TV.MONEY AND GREED WANT SAVE YOU YOU WANT BE JUDGE ON HOW MUCH MONEY YOU HAVE “” JESUS SON OF GOD WALK WITH THE HUMBLE PEOPLE OF THIS EARTH…Pharmaceutical companies remember the medicine you create going inside of GOD CREATION.BE SERIOUS. NO MEDICINES ON THE MARKET UNLESS YOU WILLING TO GIVE TO YOUR MOTHER, YOUR WIFE, YOUR CHILDREN. THINK ABOUT PEOPLE.

  24. kamae Reply

    I will be at the trial on July 30th and Aug 2 protesting!
    “HERNIA MESH, NO REST!”
    Blow horn and Sign in hand!
    As a paralegal who almost died from this piece of crap, I deserve to be heard!
    May God watch over us ALL!

  25. gerald Reply

    I’m just glad that it’s finally going to be settled. Both sides know how badly I’ve been injured from this mesh product. I have faith that there will be a fair settlement for all involved with serious health problems that this mesh has caused.

  26. Kim Reply

    I have been fighting this for 4 years… at this point I just want some resolution …. Hernia repair and mesh , being cut wide open every time because the patch has messed pwith intestines, colon,…. I’ve had about 15 mesh surgeries…. The one that almost killed me back in 2019 was just floating in my stomach which caused massive infection and pain and another long hospital stay…. I’m just ready to find something that works and ready for the lawsuit to be done!

  27. Robert Reply

    May all whom have been affected by mesh implants find peace, comfort and be pain free. I pray for total healing for each of you so your lives, going forward, have joy, good health, and prosperity. We have suffered enough each in our own way. There is enough blame to go around for our continued suffering. Bard, covid-19, and the court over seeing these proceeding all are to blame. As slow as these matters have been, the Honorable Judge Sargus, has denied motions for judgement by the defendent and ruled in favor of punative damages. Both wins for us. I have faith that Bard will lose this first bellwether trial and they come away looking as pitiful and greedy as we all know they are. I pray the judgement is for hundreds of millions of dollars for this individual and sets a standard and makes a statement. This is the 3rd or 4th time Bard has had these mass law suits for the same issues of there medical products. Obviously they do not give one fuck about the people they create these products for. If they did they would admit that they made a mistake, pull the product and compensate those hurt by their product. Instead they pay their lawyers money to defend their failed products. I hope the judgement and future settlements is for not millions, but billions of dollars, for the 13,000 people involved in the MDL in Ohio. I hope it sends a message that it is going to be financially crippling to continue to put patients at risk with these subpar products.

    I’ve had 3 failed hernia mess surgeries due to Bards inferior mess products. And I need 2 more surgeries. I am now unable to work due to pain and the inability to work a normal 40 hr/week job. As a result, I literally lost everything I worked my entire life to obtain and ended up homeless living in a tent in the woods on someone elses private property. He knows I am there, but is trying to sell the property so my time is short. Bard is to blame and I will hold them accountable regardless of how this bellwether case ends. And it will not be for a few thousand dollars. Crumbs to a billion dollar company. That won’t even cover my lost wages. I demand every penny owed me for how Bards mess products has complicated every aspect of my life. That will be millions. I’ve waited 3 years. I’ll wait another 3 years if it means I get my day in court and I get what I feel I am owed for all me and my friends and family have been through. How great would it be for Dickinson, the company that bought Bard/Davol, to come forward and due what is right. Stop these proceedings and compensate all of us that have suffered and pull these products that they know are flawed. Turn a horrible situation into a positive for new management taking over. They have made billions of dollars. Give some back to those who deserve it and require it. May God watch over all involved. That includes the Judge, the defense lawyers, and all of us dealing with the outcome of our failed surgeries.

  28. Leesa Reply

    I just want to say something in response to all this criticism about the judge allowing all of these delays. First let me say that I am IN NO WAY DEFENDING THESE SLIMY PHARMACEUTICAL COMPANIES, BARD IN PARTICULAR. But by not granting the defense’s request for these delays, the court could be setting them up with grounds for appeal when they lose. And if there is any justice in our justice system, THEY WILL LOSE! An appeal would cause much longer delays, and maybe have any payment awarded to those who have suffered taken away. I am frustrated and angry about all of these delays too, all I’m saying is there may be another way to look at the situation. Maybe the judge is trying to make certain that this gets done right and the evil Pharma companies won’t be able to wriggle out of paying for their evil deeds when they LOSE!

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